Court Cases

List of Cases in which HALCO was Granted Leave to Intervene

 

Cases related to the criminalization of HIV non-disclosure

 

  • R v. M, 2012 SCC 47 and R v DC, 2012 SCC 48;
  • R v. H, 2014 SCC 19, a non-HIV case regarding the appropriate legal framework for cases involving fraud alleged to vitiate consent to sex (tampering of condom);
  • R v. W, 2014 SCC 75;
  • R v. M, 2013 ONCA 414 and R v Felix, 2013 ONCA 415;
  • R v. T, 2018 NSCA 13;
  • R v. B, 2019 ONCA 652;
  • R v. NG, 2020 ONCA 494;
  • R v. K, 2022 SCC 33, a non-HIV case regarding the treatment of condom refusal and removal under sexual assault provisions

Cases related to other matters linked to HIV

  • C v. Minister of Citizenship and Immigration, 2009 FC 1315, regarding immigration matters related to HIV;
  • Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45, regarding the matter of public interest standing;
  • Canada (Attorney General) v. B, 2013 SCC 72 and 2012 ONCA 186 (as counsel to the Canadian HIV/AIDS Legal Network), regarding the constitutionality of Criminal Code provisions relating to sex work;
  • C v R, 2013 SCC 3, regarding the scope of patient autonomy in health care settings;
  • R v. M, 2013 ONCA 67, regarding a Charter challenge to Canada’s medical cannabis regime;
  • T v. Canada (Attorney General), 2014 ONCA 852, regarding the right to housing;
  • R v. S, 2015 SCC 34, regarding a Charter challenge to Canada’s medical cannabis regime;
  • C v. Canada (Attorney General), 2015 SCC 5, regarding medical assistance in dying;
  • S v. Ontario (Community Safety and Correctional Services), HRTO File Number 2015-19800-I (resolved without a hearing), regarding discriminatory segregation in a provincial correctional institution;
  • Ontario (Community Safety and Correctional Services) v. DL, 2015 ONSC 3085 (Div Ct), regarding the intersection between complaints made to the College of Physicians and Surgeons and the Human Rights Tribunal of Ontario;
  • D v. Toronto Community Housing Corp., 2015 ONSC 4728 (Div Ct), regarding the content and application of the duty to accommodate in the housing context under the Ontario Human Rights Code;
  • R v. L, 2016 SCC 13, regarding the constitutionality of provisions of the Controlled Drugs and Substances Act imposing a mandatory minimum sentence for certain drug offences;
  • R v. G, 2016 ONCA 989, regarding, among other things, an application to stay proceedings on the basis of infringement of the accused’s Charter rights because of the disclosure of his HIV positive status in a police news release;
  • The Christian Medical and Dental Society of Canada et al. v. College of Physicians and Surgeons of Ontario, 2018 ONSC 579 (Div. Ct.), 2019 ONCA 393, regarding constitutional challenges to the College of Physicians and Surgeons’ human rights and medical assistance in dying policies, addressing obligations of physicians who object to providing services on grounds of freedom of religion or conscience;
  • Toronto Star v. AG Ontario, 2018 ONSC 2586, regarding the privacy protections people are entitled to before administrative tribunals;
  • Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, regarding the applicability of the Canadian Human Rights Act to statute-based government action;
  • R v. Ford Motor Company of Canada, 2019 HRTO 101, regarding the interaction between private long-term disability benefits and Canada Pension Plan-Disability benefits;
  • SA v. Metro Vancouver Housing Authority, 2019 SCC 4, regarding determinations of eligibility for rental assistance for people with disabilities;
  • ETFO et al. v. Her Majesty the Queen, 2019 ONSC 1308, regarding the constitutionality of the Ontario Minister of Education’s Directive to revert to the 2010 Health and Physical Education Curriculum;
  • AB v. Canada (Minister of Citizenship and Immigration), 2020 FC 19, regarding the perpetuation of HIV-related stigma and stereotyping in a spousal sponsorship appeal;
  • S Estate v. Donovan, 2021 SCC 25, regarding the factors courts consider when deciding whether to issue confidentiality orders to protect the privacy of people involved in court cases (under the Dagenais/Mentuck framework);
  • Attorney General of British Columbia v. Council of Canadians with Disabilities, 2022 SCC 27, regarding the test for public interest standing;
  • R v. N, 2022 SCC 38, regarding the constitutionality of mandatory sex offender registration;
  • R v. S, 2022 SCC 39, regarding the constitutionality of restrictions on conditional sentences;
  • A v. A, SCC File No.: 40582; TransAlta Generation Partnership et al v. His Majesty the King et al., SCC File No.: 40570, regarding the appropriate standard for addressing the legality of regulations (hearing pending)
  • v. K, SCC File No 41017, regarding the constitutionality of criminal prohibitions around sex work (hearing pending).